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Kelley, Robert

ROBERT KELLEY, Applicant vs. LAWRENCE BERKELEY NATIONAL LABORATORY, permissibly self-insured; c/o SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ15858070
Decision date: Date unavailable
District office: Oakland
WCJ: —
Claim administrator: Sedgwick Claims Management Services
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: bilateral upper extremities, bilateral wrists/hands (carpal tunnel syndrome)

LC §5701LC §5906

Summary

Applicant Robert Kelley, a truck driver, sustained injury to his bilateral upper extremities (carpal tunnel syndrome) through May 25, 2021. The WCJ found 12% permanent disability based on QME Dr. Kulick's report assigning 6% WPI. Applicant sought reconsideration, arguing Dr. Kulick's report was not substantial evidence and the PTP Dr. Jamasbi's report (assigning 19% WPI) was substantial evidence. The Board found that none of the three physicians' reports (Dr. Shadday, Dr. Kulick, or Dr. Jamasbi) constituted substantial medical evidence: Dr. Shadday's report was conclusory, Dr. Kulick relied improperly on Dr. Shadday without disclosing a solid basis, and Dr. Jamasbi failed to explain why his Almaraz-Guzman departure was necessary or how he derived his rating. The Board granted reconsideration, rescinded the F&A, and remanded for further development of the record, including obtaining additional reporting from Dr. Jamasbi and encouraging defendant to authorize EMG and nerve conduction studies.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.